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Communications Act 2003

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49. In section 87 (SMP conditions about network access etc)—

(a)in subsection (4)(a) after “viability” insert “(including the viability of other network access products, whether provided by the dominant provider or another person)”,

(b)at the end of subsection (4)(c) insert “(taking account of any public investment made)”,

(c)in subsection (4)(d) after “competition” insert “(including, where it appears to OFCOM to be appropriate, economically efficient infrastructure based competition)”, and

(d)after subsection (5) insert—

“(5A)The SMP conditions authorised by this section also include a condition which—

(a)is of a technical or operational nature; and

(b)appears to OFCOM to be appropriate for securing the proper operation of an electronic communications network in compliance with a condition under subsection (3).

(5B)A condition falling within subsection (5A) may provide that compliance with the condition is not required unless a person on whom an entitlement is or may be conferred in pursuance of a requirement imposed by a condition under subsection (3) fulfils such technical or operational requirements as may be specified by OFCOM.

(5C)It shall be the duty of OFCOM, when setting a condition falling within subsection (5A), to ensure that it contains all such provision as they consider appropriate for the purpose of taking account of the relevant international standards.”

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